[Senate Report 111-135]
[From the U.S. Government Publishing Office]
Calendar No. 285
111th Congress } { Report
2d Session } SENATE { 111-135
=======================================================================
RIO GRANDE DEL NORTE NATIONAL CONSERVATION AREA ESTABLISHMENT ACT
_______
March 2, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 874]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 874) to establish El Rio Grande Del Norte
National Conservation Area in the State of New Mexico, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and an amendment to the title and
recommends that the bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rio Grande del Norte National
Conservation Area Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area'' means
the Rio Grande del Norte National Conservation Area established
by section 3(a)(1).
(2) Land grant community.--The term ``land grant community''
means a member of the Board of Trustees of confirmed and
nonconfirmed community land grants within the Conservation
Area.
(3) Management plan.--The term ``management plan'' means the
management plan for the Conservation Area developed under
section 3(d).
(4) Map.--The term ``map'' means the map entitled ``Rio
Grande del Norte National Conservation Area'' and dated
November 4, 2009.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of New Mexico.
SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--There is established the Rio Grande del
Norte National Conservation Area in the State.
(2) Area included.--The Conservation Area shall consist of
approximately 235,980 acres of public land in Taos and Rio
Arriba counties in the State, as generally depicted on the map.
(b) Purposes.--The purposes of the Conservation Area are to conserve,
protect, and enhance for the benefit and enjoyment of present and
future generations the cultural, archaeological, natural, ecological,
geological, historical, wildlife, educational, recreational, and scenic
resources of the Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Conservation
Area--
(A) in a manner that conserves, protects, and
enhances the resources of the Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only such
uses of the Conservation Area that the Secretary
determines would further the purposes described in
subsection (b).
(B) Use of motorized vehicles.--
(i) In general.--Except as needed for
administrative purposes or to respond to an
emergency, the use of motorized vehicles in the
Conservation Area shall be permitted only on
roads designated for use by motorized vehicles
in the management plan.
(ii) New roads.--No additional road shall be
built within the Conservation Area after the
date of enactment of this Act unless the road
is needed for public safety or natural resource
protection.
(C) Grazing.--The Secretary shall permit grazing
within the Conservation Area, where established before
the date of enactment of this Act--
(i) subject to all applicable laws (including
regulations) and Executive orders; and
(ii) consistent with the purposes described
in subsection (b).
(D) Collection of pinon nuts and firewood.--Nothing
in this Act precludes the traditional collection of
firewood and pinon nuts for noncommercial personal use
within the Conservation Area--
(i) in accordance with any applicable laws;
and
(ii) subject to such terms and conditions as
the Secretary determines to be appropriate.
(E) Utility right-of-way upgrades.--Nothing in this
Act precludes the Secretary from renewing or
authorizing the upgrading (including widening) of an
existing utility right-of-way through the Conservation
Area in a manner that minimizes harm to the purposes of
the Conservation Area described in subsection (b)--
(i) in accordance with--
(I) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
and
(II) any other applicable law; and
(ii) subject to such terms and conditions as
the Secretary determines to be appropriate.
(F) Tribal cultural uses.--
(i) Access.--The Secretary shall, in
consultation with Indian tribes or pueblos--
(I) ensure the protection of
religious and cultural sites; and
(II) provide access to the sites by
members of Indian tribes or pueblos for
traditional cultural and customary
uses, consistent with Public Law 95-341
(commonly known as the ``American
Indian Religious Freedom Act'') (42
U.S.C. 1996).
(ii) Temporary closures.--In accordance with
Public Law 95-341 (commonly known as the
``American Indian Religious Freedom Act'') (42
U.S.C. 1996), the Secretary, on request of an
Indian tribe or pueblo, may temporarily close
to general public use 1 or more specific areas
of the Conservation Area in order to protect
traditional cultural and customary uses in
those areas by members of the Indian tribe or
the pueblo.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a management
plan for the Conservation Area.
(2) Other plans.--To the extent consistent with this Act, the
plan may incorporate in the management plan the Rio Grande
Corridor Management Plan in effect on the date of enactment of
this Act.
(3) Consultation.--The management plan shall be developed in
consultation with--
(A) State and local governments;
(B) tribal governmental entities;
(C) land grant communities; and
(D) the public.
(4) Considerations.--In preparing and implementing the
management plan, the Secretary shall consider the
recommendations of Indian tribes and pueblos on methods for--
(A) ensuring access to religious and cultural sites;
(B) enhancing the privacy and continuity of
traditional cultural and religious activities in the
Conservation Area; and
(C) protecting traditional cultural and religious
sites in the Conservation Area.
(e) Incorporation of Acquired Land and Interests in Land.--Any land
that is within the boundary of the Conservation Area that is acquired
by the United States shall--
(1) become part of the Conservation Area; and
(2) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(f) Special Management Areas.--
(1) In general.--The establishment of the Conservation Area
shall not change the management status of any area within the
boundary of the Conservation Area that is--
(A) designated as a component of the National Wild
and Scenic Rivers System under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.); or
(B) managed as an area of critical environmental
concern.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to the areas described in paragraph (1) and
this Act, the more restrictive provision shall control.
SEC. 4. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the Conservation Area are
designated as wilderness and as components of the National Wilderness
Preservation System:
(1) Cerro del yuta wilderness.--Certain land administered by
the Bureau of Land Management in Taos County, New Mexico,
comprising approximately 13,420 acres as generally depicted on
the map, which shall be known as the ``Cerro del Yuta
Wilderness''.
(2) Rio san antonio wilderness.--Certain land administered by
the Bureau of Land Management in Rio Arriba County, New Mexico,
comprising approximately 8,000 acres, as generally depicted on
the map, which shall be known as the ``Rio San Antonio
Wilderness''.
(b) Management of Wilderness Areas.--Subject to valid existing
rights, the wilderness areas designated by subsection (a) shall be
administered in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this Act, except that with respect to the wilderness areas
designated by this Act--
(1) any reference to the effective date of the Wilderness Act
shall be considered to be a reference to the date of enactment
of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land within the boundary of the wilderness areas
designated by subsection (a) that is acquired by the United States
shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this Act; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the wilderness areas designated
by subsection (a), where established before the date of enactment of
this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the Report of
the Committee on Interior and Insular Affairs to accompany H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(e) Buffer Zones.--
(1) In general.--Nothing in this section creates a protective
perimeter or buffer zone around any wilderness area designated
by subsection (a).
(2) Activities outside wilderness areas.--The fact that an
activity or use on land outside any wilderness area designated
by subsection (a) can be seen or heard within the wilderness
area shall not preclude the activity or use outside the
boundary of the wilderness area.
(f) Release of Wilderness Study Areas.--Congress finds that, for
purposes of section 603(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio
Wilderness Study Area not designated as wilderness by this section--
(1) has been adequately studied for wilderness designation;
(2) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(3) shall be managed in accordance with this Act.
SEC. 5. GENERAL PROVISIONS.
(a) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and
legal descriptions of the Conservation Area and the wilderness
areas designated by section 4(a) with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal descriptions filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the legal description and map.
(3) Public availability.--The map and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(b) National Landscape Conservation System.--The Conservation Area
and the wilderness areas designated by section 4(a) shall be
administered as components of the National Landscape Conservation
System.
(c) Fish and Wildlife.--Nothing in this Act affects the jurisdiction
of the State with respect to fish and wildlife located on public land
in the State, except that the Secretary, after consultation with the
New Mexico Department of Game and Fish, may designate zones where, and
establishing periods when, hunting shall not be allowed for reasons of
public safety, administration, or public use and enjoyment.
(d) Withdrawals.--Subject to valid existing rights, any Federal land
within the Conservation Area and the wilderness areas designated by
section 4(a), including any land or interest in land that is acquired
by the United States after the date of enactment of this Act, is
withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
(e) Treaty Rights.--Nothing in this Act enlarges, diminishes, or
otherwise modifies any treaty rights.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
2. Amend the title so as to read: ``A bill to establish the
Rio Grande del Norte National Conservation Area in the State of
New Mexico, and for other purposes.''.
PURPOSE
The purpose of S. 874 is to establish the approximately
235,980-acre Rio Grande del Norte National Conservation Area
and to designate the 13,420-acre Cerro del Yuta Wilderness and
8,000-acre Rio San Antonio Wilderness in New Mexico.
BACKGROUND AND NEED
S. 874, as ordered reported, would designate as the Rio
Grande del Norte National Conservation Area approximately
235,980 acres of public land managed by the Bureau of Land
Management in northern New Mexico, including two wilderness
areas--the 8,000-acre Rio San Antonio Wilderness, currently
administered as a Wilderness Study Area, and the 13,420-acre
Cerro del Yuta Wilderness.
The National Conservation Area contains high mesa
sagebrush-grasslands interspersed with extinct volcanic cinder
cones covered by pinon juniper woodlands. It also incorporates
the upper reaches of the Rio Grande Gorge, previously
designated as a Wild and Scenic River. The plateau provides
habitat for bighorn sheep, deer, elk, and antelope, and
breeding ground for raptors that hunt throughout the area,
including peregrine falcons, golden eagles, and bald eagles.
The riparian area along the Rio Grande provides habitat for
brown trout and the federally-listed endangered southwestern
willow flycatcher.
The Conservation Area contains archeological, cultural, and
historic resources relating to the settlement of the region by
both indigenous populations and later by early Hispanic
settlers. Today, residents and visitors alike use this area for
hunting, fishing, river rafting, hiking, and other recreational
activities.
LEGISLATIVE HISTORY
S. 874 was introduced on April 23, 2009, by Senators
Bingaman and Udall of New Mexico. On June 17, 2009, the
Subcommittee on Public Lands and Forests held a hearing on the
bill (S. Hrg. 111-65). At its business meeting on December 16,
2009, the Committee on Energy and Natural Resources ordered S.
874 favorably reported with an amendment in the nature of a
substitute.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on December 16, 2009, by voice vote of a
quorum present, recommends that the Senate pass S. 874, if
amended as described herein.
COMMITTEE AMENDMENT
During the consideration of S. 874, the Committee adopted
an amendment in the nature of a substitute. The amendment
modifies the name of the Conservation Area to the Rio Grande
del Norte National Conservation Area, updates the map to
reflect the name change, clarifies a provision relating to
utility rights-of-way within the Conservation Area, and makes
several other technical and conforming amendments. The
amendment is explained in detail in the section-by-section
analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title.
Section 2 defines key terms used in the bill.
Section 3(a) establishes the Rio Grande del Norte National
Conservation Area (Conservation Area) on approximately 235,980
acres of public land managed by the Bureau of Land Management
in Taos and Rio Arriba counties in the State of New Mexico. No
tribal land is included within the boundary of the Conservation
Area, and where the Conservation Area is adjacent to land that
is held in trust for the Taos Pueblo, the boundary of the
Conservation Area is the centerline of the Rio Grande.
Subsection (b) describes the purposes for which the
Conservation Area is established, which are to conserve,
protect, and enhance the area's cultural, archaeological,
natural, ecological, historical, wildlife, educational,
recreational, and scenic resources.
Subsection (c)(1) directs the Secretary of the Interior
(Secretary) to administer the Conservation Area in a manner
that protects the resources of the Conservation Area and in
accordance with the laws and regulations applicable to public
land, this Act, and other applicable laws.
Paragraph (2) directs the Secretary to allow only such uses
that further the purposes of the Conservation Area and provides
the Secretary with direction with regard to the management of
motorized vehicles, grazing, the collection of pinon nuts and
firewood, utility right-of-way upgrades, and tribal cultural
uses. The Committee notes that the Bureau of Land Management
currently authorizes the collection of medicinal plants and
herbs and conducts sales of surplus firewood from restoration
projects consistent with the Federal Land Policy and Management
Act of 1976 and the Rio Grande Corridor Management Plan, and
the BLM retains that authority, consistent with the purposes of
this Act.
Subsection (d) requires the Secretary to develop a
management plan for the Conservation Area within three years
after the date of enactment of this Act and allows the
Secretary to incorporate the Rio Grande Corridor Management
Plan, to the extent consistent with this Act.
The subsection further requires the Secretary to develop
the management plan in consultation with state and local
governments, tribal governments, land grant communities, and
the public, and to consider the recommendation of Indian tribes
and pueblos with respect to access and protection of religious
and cultural sites, and enhancing the privacy and continuity of
cultural and religious activities within the Conservation Area.
The Committee recognizes that the Bureau of Land Management
and Taos Pueblo currently work cooperatively with regard to
recreation and natural resource management along the shared
boundary of the Rio Grande. In preparing and implementing the
management plan, the Committee encourages the Bureau of Land
Management to continue to work cooperatively to the maximum
extent possible with tribes and pueblos in the vicinity of the
Conservation Area.
Subsection (e) states that any land that is acquired within
the boundary of the Conservation Area shall become part of the
Conservation Area and managed accordingly.
Subsection (f) clarifies that the establishment of the
Conservation Area does not alter the management status of areas
within the boundaries designated as a component of the Wild and
Scenic Rivers System or as an area of critical environmental
concern, and if there is a conflict between this Act and those
designations, the more restrictive provision controls.
Section 4(a) designates approximately 13,420 acres and
8,000 acres of land managed by the Bureau of Land Management as
the Cerro del Yuta Wilderness and Rio San Antonio Wilderness,
respectively.
Subsection (b) states that the wilderness areas shall be
administered in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.).
Subsection (c) states that any land that is acquired within
the boundary of the wilderness areas shall become part of the
wilderness area in which the land is located and managed
accordingly.
Subsection (d) provides for the administration of livestock
grazing in the wilderness areas where established before the
date of enactment of the Act, in accordance with section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the
wilderness grazing guidelines.
Subsection (e) states that the designation of the
wilderness areas shall not create a protective perimeter or
buffer zone around the area or limit authorized land uses or
activities outside the wilderness areas.
Subsection (f) releases from Wilderness Study Area status
land within the San Antonio Wilderness Study Area that is not
designated as wilderness by this Act.
Section 5(a) directs the Secretary to develop a map and
legal description of the Conservation Area and wilderness areas
and to make it available to the public as soon as practicable
after the date of enactment of this Act.
Subsection (b) states that the Conservation Area and
wilderness areas shall be administered as components of the
National Landscape Conservation System.
Subsection (c) clarifies that nothing in the Act affects
the State of New Mexico's jurisdiction with respect to fish and
wildlife, except that zones may be established where hunting is
not allowed for reasons of public safety, administration, or
public use and enjoyment.
Subsection (d) withdraws, subject to valid existing rights,
the Conservation Area and wilderness areas from: entry,
appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
Subsection (e) states that nothing in this Act enlarges,
diminishes, or otherwise modifies any treaty rights.
Section 6 authorizes the appropriation of such sums as are
necessary to implement the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 874--Rio Grande del Norte National Conservation Area Establishment
Act
S. 874 would establish the Rio Grande del Norte National
Conservation Area (NCA) on land administered by the Bureau of
Land Management (BLM) in New Mexico. Based on information
provided by BLM, CBO estimates that enacting S. 874 would have
no effect on revenues or direct spending and no significant
effect on discretionary spending.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local; or tribal governments.
Under S. 874, nearly 236,000 acres of public land would be
designated as the Rio Grande del Norte NCA, and about 21,000
acres of that area would be designated as part of the National
Wilderness Preservation System. BLM, which manages the affected
acreage, would be required to update existing management plans
for the area. Finally, the acreage would not be available for
the development of natural resources but would still be
available for grazing under existing agreements.
Because the affected acreage is already protected for
conservation or wilderness values, CBO estimates that
implementing the bill would have no significant effect on the
cost of administering the area. We further estimate that any
costs to update the management plan for the property or modify
existing maps and other materials would be minimal. Finally,
because the affected land currently produces no income (and is
not expected to do so in the future), we estimate that enacting
the bill would not affect revenues or direct spending.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 874.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 874.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Bureau of Land Management at
the June 17, 2009 subcommittee hearing on S. 874 follows.
Statement of Ned Farquhar, Deputy Assistant Secretary, Land & Minerals
Management, Department of the Interior
Thank you for the opportunity to testify on S. 874, El Rio
Grande Del Norte National Conservation Area Establishment Act.
The Department of the Interior supports S. 874, which
designates the nearly 236,000-acre El Rio Grande Del Norte
National Conservation Area (NCA) in northern New Mexico as well
as two wilderness areas within the NCA.
background
The proposed El Rio Grande del Norte NCA lies north of Taos
on the border with Colorado and straddles Taos and Rio Arriba
Counties. The area includes the Cerro de la Olla, Cerro San
Antonio and Cerro del Yuta volcanic cones jutting up from the
surrounding valley--reminders of the area's turbulent geologic
past. Between these mountains is the Rio Grande Wild & Scenic
River gorge, carving through the landscape and revealing the
basalt rock beneath the surface.
The human history of the landscape is as diverse as its
features. Early prehistoric sites attest to the importance of
this area for hunting and as a sacred site. Today the area is
home to members of the Taos Pueblo, as well as descendents of
both Hispanic and American settlers. Wildlife species--
including bighorn sheep, deer, elk and antelope bring both
hunters and wildlife watchers, while the Rio Grande and its
tributaries provide blue ribbon trout fishing and other river
recreation. Above it all soar the golden and bald eagles,
prairie falcons, and other raptors.
s. 874
S. 874 designates nearly 236,000 acres of land administered
by the Bureau of Land Management (BLM) as El Rio Grande del
Norte NCA. Each of the NCAs designated by Congress and managed
by the BLM is unique. For the most part, however, they have
certain critical elements, which include withdrawal from the
public land, mining and mineral leasing laws; off-highway
vehicle use limitations; and language that charges the
Secretary of the Interior with allowing only those uses that
further the purposes for which the NCA is established.
Furthermore, NCA designations should not diminish the
protections that currently apply to the lands. Section 3 of the
bill honors these principles, and we support the NCA's
designation.
Section 4 of the S. 874 designates two wilderness areas on
BLM-managed lands within the NCA--the proposed 13,420-acre
Cerro del Yuta Wilderness and the 8,000-acre Rio San Antonio
Wilderness. Both of these areas meet the definitions of
wilderness. They are largely untouched by humans, have
outstanding opportunities for solitude and contain important
geological, biological and scientific features--criteria
outlined in the Wilderness Act of 1964. We support both of
these wilderness designations as well.
conclusion
Senator Bingaman's bill is the product of many years of
discussions and collaboration with the local community,
stakeholders, and other interested parties. It protects both
the valuable resources of the area and the way of life in this
unique area of northern New Mexico.
Thank you for the opportunity to testify in support of S.
874.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 874, as ordered
reported.